Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, TortureLea, Henry Charles
History
Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, Torture
Lea, Henry Charles
Ordeal; Torture; Wager of battle; Wager of law
The basis of this ordeal was the belief, handed down from the primitive
Aryans, that the pure element would not receive into its bosom any one
stained with the crime of a false oath, another form of which is seen
in the ancient superstition that the earth would eject the corpse of a
criminal, and not allow it to remain quietly interred. The manner in
which the church reconciled it to orthodoxy is clearly set forth by
Hincmar: “He who seeks to conceal the truth by a lie will not sink in
the waters over which the voice of the Lord hath thundered; for the
pure nature of water recognizes as impure, and rejects as incompatible,
human nature which, released from falsehood by the waters of baptism,
becomes again infected with untruth.”[1004] The baptism in the Jordan,
the passage of the Red Sea, and the crowning judgment of the Deluge,
were freely adduced in support of this theory, though these latter
were in direct contradiction to it; and the most figurative language
was boldly employed to give some show of probability to the results
expected. Thus, in the elaborate formula which passes under the name
of St. Dunstan, the prayer offered over the water metaphorically
adjures the Supreme Being—“Let not the water receive the body of him
who, released from the weight of goodness, is upborne by the wind of
iniquity!”[1005]
In India the ordeal of cold water became simply one of endurance. The
stream or pond was exorcised with the customary Mantras:—
“Thou O water dwellest in the interior of all things like a witness. O
water thou knowest what mortals do not comprehend.
“This man being arraigned in a cause desires to be cleared from guilt.
Therefore mayest thou deliver him lawfully from this perplexity.”
The patient stood in water up to his middle, facing the East, caught
hold of the thighs of a man “free from friendship or hatred” and dived
under, while simultaneously an arrow of reed without a head was shot
from a bow, 106 fingers’ breadth in length, and if he could remain
under water until the arrow was picked up and brought back, he gained
his cause, but if any portion of him could be seen above the surface
he was condemned. Yajnavalkya says this form of ordeal was only used
on the Sudras, or lowest caste, while the Ayeen Akbery speaks of it
as confined to the Vaisyas, or caste of husbandmen and merchants.
According to the Institutes of Vishnu, it was not to be administered to
the timid or those affected with lung diseases, nor to those who gained
their living by the water, such as fishermen or boatmen, nor was it
allowed during the winter.[1006]
Public-domain text, read in full here on John Shaqi.
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